(A) General.
(1) It shall be the duty of the Executive Director to enforce these regulations, and to bring any violations or lack of compliance to the attention of the Plan Commission Attorney (or if there is none, the County Prosecutor).
(2) No owner, or agent of the owner, of any parcel of land located in a subdivision shall transfer, lease or sell any such parcel before a plat of such subdivision has been approved under final approval by the Plan Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
(3) No improvement location permit or building permit required under the Uniform Building Code, the zoning ordinance or this chapter shall be issued until the provisions of this chapter have been complied with and the final unconditional subdivision plat shall have been approved; however, the subdivider may request and receive one improvement location permit or building permit for a single model home to be constructed in a subdivision prior to unconditional final plat approval if: the preliminary plat of the subdivision has been approved; the roadway pavement from the subdivision entrance to the lot upon which the model home will be constructed has been fully installed in accordance with the plans and specifications of the subdivision and this chapter; if sanitary sewers are to be included in the subdivision, then the sanitary sewer must be completed and available for connection with said model home; and the County Engineer certifies in writing to the Plan Commission that the roadway and any sewer to service the home as above referenced has been satisfactorily constructed.
(B) Restraining provisions.
(1) Any land subdivided in violation of the terms of this chapter after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(2) The Commission may institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this chapter, or to make the same comply with its terms. If the Commission is successful in its suit, the respondent shall bear the costs of the action, including reasonable attorney fees.
(3) The Commission may institute a suit for mandatory injunction requesting an individual, partnership, association, corporation, governmental unit or other entity may be directed, where such individual entity has violated any provisions of this chapter, to comply with the provisions of this chapter. If the Commission is successful in its suit, the respondent shall pay the Commission’s reasonable attorney fees and all costs related to the enforcement of this chapter.
(Ord. 18-2007, passed 12-18-2007; Ord. 10-2011, passed 5-26-2011)